Update: This post has been updated to correct a reference to the National Right to Work Legal Defense Foundation’s appeal. The Missouri workers represented by the National Right to Work Legal Defense Foundation are suing not to prevent a public vote but to ensure that the summary of the proposition that appears on the ballot in 2018 does not confuse or mislead voters.

Missouri Gov. Eric Greitens earlier this year signed into law a bill that prohibits requiring employees to join a union or pay union fees. The law was set to become effective Aug. 28, 2017. However, while the governor signed the bill, Missouri allows for a party to petition for a referendum to put the issue before voters. Mike Louis, President of the Missouri AFL-CIO, submitted a request to the Missouri Secretary of State for a referendum whereby the issue would be submitted to the voters for their approval or rejection.

On February 5, 2014, the National Labor Relations Board announced proposed amendments to its regulations, which would make it easier for unions to organize employees. The proposed amendments would permit unions to hold workplace elections more quickly after filing an election petition. The majority of elections now take place 45 to 60 days after the union obtains necessary signatures to file a petition. It is estimated that the proposed amendments would shorten the time period by days or even weeks.

In announcing wage settlements with private employers, the DOL routinely states that it wants employees to get “every penny they earn." However, realistically the stakes of a wage and hour investigation by the DOL or a wage and hour class action by a current or former employee are much higher than paying each employee down to the penny. You might ask yourself, “Is it better or worse to draw a DOL investigation as opposed to a private class action?” The answer is that the stakes are different but high in either case—it’s truly a coin toss that you can’t win.